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RASHTRIYA ISPAT NIGAM LIMITED VISAKHAPATNAM STEEL PLANT

VISAKHAPATNAM-530 031

MATERIALS MANAGEMENT DEPARTMENT (PURCHASE WING)

BLOCK-A, III Floor, ADMINISTRATIVE BUILDING VISAKHAPATNAM STEEL PLANT

VISAKHAPATNAM-530 031 (A.P) INDIA

PHONE NO: +91 891 2518309 Ext. 126 FAX NO.+91 891 2518756 / +91 891 2518468 Ext. 155 +91 891 2518753

OPEN TENDER NOTIFICATION

Invitation to Tender (ITT) No Pur 0.73.0042/2882 Date:24.07.2010

Sealed tenders in two bids i.e., Techno-Commercial and Price bid are invited for the supply of Rails 52 Kg (Industrial Use) & Rails 60 Kg

Last date & time for receipt of Tenders : 25.08.2010 by 10.30 HRS(IST)

Tender Details can be downloaded from our Website: www.vizagsteel.com

- EXECUTIVE DIRECTOR (MM)

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RASHTRIYA ISPAT NIGAM LIMITED

VISAKHAPATNAM STEEL PLANT VISAKHAPATNAM

INDEX

Invitation to Open Tender (ITT ) No. Pur. 0.73.0042/2882 Dt. 24.07.2010

----------------------------------------------------------------------------------------------------------------- Part No. Description No. of pages Page Nos ----------------------------------------------------------------------------------------------------------------- Notice of Invitation to Tender (ITT) 5 3 - 7 Annexure -I Technical Specifications of Rails 52 Kg & Rails 60 Kg 2 8 - 9 Annexure - II Instructions to Tenderers 7 10 - 16 Annexure - III Proforma of Price Bid 2 17 - 18 Annexure - IV Check List 1 19 Annexure – V Letter of Authority from the Original Manufacturer 1 20 Annexure – VI Price Variation Clause Format 1 21 Annexure –VII Special Terms & Conditions of Acceptance to Tender 5 22 – 26 Annxure - VIII Proforma of Bank Guarantee for Performance 3 27 - 29 Guarantee Bond Annexure – IX Integrity Pact (may be downloaded from VSP’s website: www.vizagsteel.com) Annexure – X General Conditions of Contract for supply (may be downloaded from VSP’s website: www.vizagsteel.com) (Total : 29 pages) -----------------------------------------------------------------------------------------------------------------

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RASHTRIYA ISPAT NIGAM LIMITED VISAKHAPATNAM STEEL PLANT VISAKHAPATNAM - 530 031, INDIA

Tel: +91 891 2518309 Ext. 126 Fax: +91 891 2518753 / +91 891 2517468 Ext. 155 +91 891 2518756

OPEN TENDER NOTICE FOR SUPPLY OF RAILS 52 Kg & RAILS 60 Kg

INVITATION TO TENDER (ITT ) Pur 0.73.0042/2882 Date:24-07-2010

1.0 NOTICE INVITING TENDERS FOR SUPPLY OF RAILS 52 Kg AND

RAILS 60 Kg

1.1 Rashtriya Ispat Nigam Limited (RINL), Visakhapatnam Steel Plant (VSP), hereinafter referred to as PURCHASER, hereby invites tenders for supply of of Rails 52 Kg and Rails 60 Kg forming to Technical specifications at

Annexure -I of tender documents. 1.2 QUANTITY: The PURCHASER intends to purchase Rails 52 Kg and Rails 60

Kg conforming to Technical specifications as at Annexure-I of tender documents.

1.2.1 ORDER QUANTITIES: The quantity / quantities of the ITT shall be

ordered on SINGLE source on the basis of the lowest evaluated tender for each item

1.3 DELIVERY: The Tenderers are required to state their best delivery schedule 1.4 Tenderers should submit their tenders in two parts:

Part-A : Techno-Commercial Bid and Part-B : Price Bid in separate sealed envelopes indicating clearly on the cover whether it contains Part A: Techno- Commercial Bid & Part B : Price Bid

A Proforma as given in Annxexure -III of the Tender Documents is prescribed for Part- B : Price Bid. All the tenderers are advised to submit their Part-B: Price Bid only in the prescribed proforma. Price bid should contain no caveat conditions. Offers to the contrary will stand the risk of getting rejected.

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1.5.0 EARNEST MONEY DEPOSIT: (EMD) 1.5.1 Each tender shall be considered only if EMD in Indian Rupees by means of a

Cheque / Demand Draft drawn on any Scheduled Commercial Bank and payable to Rashtriya Ispat Nigam Ltd . at Visakhapatnam is submitted along with (or) prior to opening of Part-A: Techno-commercial Bid against their offered items as per the details given below

Sl.No. Item Description & Catalogue No. Qty. (MT)

EMD in Indian Rupees

1 Rails 52 kg Industrial use Cat. No. 60/59177540109

143.0 75,000.00

2 Rails 60 kg Cat. No. 60/59177620106

150.0 75,000.00

NOTE : The following categories of Tenderers are exempted from

submission of EMD 1) Public Sector Enterprises (PSE)

2) Vendors registered with VSP for supply of Steel items 3) SSI units registered with National Small Industries Corpn. (NSIC)

1.5.2 Tenders received without the EMD of requisite value shall not be

considered by RINL.

1.5.3 Tenders will be accepted upto 10.30 Hrs. (IST) on 25.08.2010. Techno-Commercial part of the Tender (Part-A) will be opened immediately thereafter in the presence of the Tenderers or Authorised Representatives of the Tenderers, who may choose to be present. The date and time of price bid opening shall be intimated separately to technically and commercially acceptable tenderers. Price Bids (Part-B) of those Tenderers who have been Techno-Commercially accepted shall be opened in the presence of the Tenderers or Authorised Representatives of the Tenderers who may choose to be present. NOTE: a. The techno-commercial bid should not contain any indication of prices. Only technical details of the offered items and duly filled in commercial format , Annexure-2 of our “Detailed terms and conditions of ITT” placed on our website : www.vizagsteel.com ( Visit www.vizagsteel.com , click on “Tenders” , click on “Materials Management Dept.” and click on “Detailed terms and conditions of ITT should be enclosed b. The price bid shall contain only the prices and shall not contain any other

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terms and conditions. Any terms and conditions other than the price mentioned in the price bid shall not be taken into consideration.. c. RINL shall have the option of resorting to reverse e-auction. All technically and

commercially acceptable bidders would be required to participate in the reverse e-auction. In case of reverse e-auction the bidders would be required to quote prices only on the basis of landed net of cenvat at VSP stores at Visakhapatnam only. Details of evaluation of net cenvat prices are given at Annexure-5 of our “Detailed terms and conditions of ITT” placed on our website : www.vizagsteel.com ( Visit www.vizagsteel.com , click on “Tenders” , click on “Materials Management Department” and click on “Detailed terms and conditions of ITT )

d. In case RINL decides to resort to reverse e-auction, the price bids submitted by

the tenderers would not be opened and only such tenderers whose offers are TA & CA and who have furnished user IDs at Sl. No. 16 of commercial format at Annexure 2 of our “Detailed terms and conditions of ITT” placed on our website : www.vizagsteel.com (Visit www.vizagsteel.com , click on “Tenders” , click on “Materials Management Department” and click on “Detailed terms and conditions of ITT ) shall be permitted to participate in reverse e-auction.

e. RINL will inform the technically and commercially acceptable tenderers (TA

& CA tenderers) the date and time of reverse e-auction. All the tenderers would have to generate user ID & Password by following the following steps

• Go to www.vizagsteel.com • Click on auctions link. • Click on MM Reverse e-auctions • Click on “new user!!! Click to register” for generating

user ID and fixing corresponding password.

f. TA & CA tenderers would be authorized to quote their LNCP prices on only e-reverse auction engine on a fixed time and date.

g. After the completion of the reverse e-auction at the end of price delivery

process the purchase order would be placed in the normal mode by concerned purchase officer.

1.6 TENDER DOCUMENTS: Tender document will be available on VSP website

and the same can be downloaded from website: www.vizagsteel.com. Authority by the Manufacturer of the material specifically authorizing the said Supplier and no one else to make an offer in response to this invitation to Tender.

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1.7 All the tenders shall be evaluated on the basis of landed Net of CENVAT / VAT cost arrived at the Foreign exchange rate as on the date of opening of tenders.

1.8 Integrity Pact: The Tenderer is required to unconditionally accept the

“Integrity Pact” which can be downloaded from our website : www. Vizagsteel.com

( go to : www.vizagsteel.com ���� Tenders ���� Materials Management Department ���� click here to read Integrity Pact ���� Integrity Pact)

Integrity Pact forms Annexure - IX to the tender document and shall submit the same duly signed & stamped and signatures of witnesses along with their offer. Offers of the tenderers received without Integrity Pact duly signed and stamped, shall not be considered. The details of the External Independent Monitors nominated for this tender are given hereunder.

Sl. No. Name of the External Independent Monitor (EIM)

1.

Sri P.C. Parakh,IAS.,(Retd) Address: 4A-1, Jaagruthi Residency East Maradepally,Secunderabad-26

2 Sri V. Velayudham, Retd.Director General(Roads & Development) Address: Flat No.4, Nalanda Apartment,D Block Vikaspuri, New Delhi-18

1.9 Not withstanding anything specified in this Tender Documents, RINL,

in its sole discretion and without having to assign any reason reserves to itself the rights:

a) To accept or reject the lowest tender or any other tender or all the tenders; b) To accept any tender in full or in part; c) To procure the tender quantity from more than one tenderer; d) To reject the offers not conforming to the tender terms and e) To give Purchase preference to Central Public Sector Enterprises (CPSE) as

per Government of India guidelines. f) Non-submission of complete offers, appending signature on the offer and the

prescribed formats. g) Receipt of offers after the due date & time and, or by Fax / e-mail ( unless

specified otherwise ). h) Receipt of offers in open condition. i) Single bid being submitted as against requirement of two-part bid.

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2.0 Notwithstanding anything that is stated in the various documents specified in the

tender notice, in case of contradiction, the interpretation shall be in accordance with the statements contained in the open tender notice for Rails 52 Kg (IU) and 60 kg and instructions to tenderers (Annexure-II).

EXECUTIVE DIRECTOR

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ANNEXURE-1

Schedule Of Material Cum Specification OPEN TENDER NOTICE No. : Pur 0.73.0042/2882 Date:24-07-2010 ----------------------------------------------------------------------- SL. CAT NO.&DESCRIPTION QUANTITY Unit Delivery To be filled No. code Schedule by the supplier ----------------------------------------------------------------------- 1 60/59177540109 143.000 Metric 21/12/2010 Qty.quoted: Tons Del.Sch. RAILS -52 KG INDUSTRIAL USE IRS FLAT FOOTED; TYPE :INDUSTRIAL USE Specification Parameters : Requirements : -------------------------- -------------- TYPE OF RAILS 52KG.IRS,FLAT FOOT QUALITY OF RAILS T- 18, INDUSTRIAL USE / T-12 CONDITION OF RAILS STRAIGHT RAILS WITHOUT ANY BEND Test Certificate Required YES Integrity Pact Applicable 2 60/59177620106 150.000 Metric 21/12/2010 Qty.quoted: Tons Del.Sch. RAILS 60 Kg Specification Parameters : Requirements : -------------------------- -------------- TYPE OF RAIL 60 KG UIC, IRS, FLAT FOOT QUALITY OF RAILS IRS T-18, MED.MN TRACK USE / T- 12 CONDITION OF RAILS STRAIGHT RAILS WITHOUT ANY BEND Test Certificate Required YES Integrity Pact Applicable Signature of the Tenderer with Seal

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"Article 22 - LIQUIDATED DAMAGES: 22.1 "To recover from the supplier/contractor, liquidated damages not by way of penalty a sum of 0.5% of the price of any stores which the supplier/contractor has failed to deliver as aforesaid for each week or part of week, during which the delivery of such stores may be in arrears subject to a maximum of 10% of the value of such stores/item/s." If it comes to the notice of VSP at any stage right from request for enlistment / tender document that any of the certificates / documents submitted by applicants for enlistment or by bidders are found to be false / fake / doctored,the party will be debarred from participation in all VSP tenders for a period of 5 years including termination of contract, if awarded. EMD / Security Deposit, etc. if any, will be forfeited. The Contracting Agency in such cases shall make good to VSP any loss or damage resulting from such termination. Contracts in operation any where in VSP will also be terminated with attendant fall outs like forfeiture of EMD / Security Deposit, if any, and recovery of risk and cost charges, etc. Decision of VSP Management will be final and binding. a) CST/SST Regn No.____________________________ b) TIN/GRN No._________________________________ " The supplier shall furnish the inspection call along with all internal test reports sufficiently in advance to enable VSP to examine the same and issue dispatch clearance/carry out inspection at the suppliers premises. Inspection shall be carried out at VSP Stores for all items covered under operational consumables etc. VSP reserves its right to alter the place of inspection at its sole discretion. The dispatch of stores by the suppliers shall be only after receipt of dispatch clearance or accepted inspection note as applicable." "In case where RINL / VSP decides to procure the material from one or more than one source,(Only one offer shall be submitted by Companies using same equipment/facilities/address),and if it comes to the notice of RINL / VSP at any stage during the finalization of the tender or after placement of order/execution of the contract that offers have been made by Companies using same equipment/facilities/address the such offers/orders shall be rejected / cancelled forthwith and party(s) shall blacklisted from all future dealings with RINL / VSP for a period of two years. Bid money / EMD / Security Deposit etc. if any,shall be forfeited.Decision of RINL /VSP in this regard shall be final and binding". 'Quality, Environment & Occupational Health and Safety policy' of VSP is available at VSP site www.vizagsteel.com. It is expected that all concerned also adopt and evolve their own policies on Safety, Health and Environment in confirmity withISO 14001: 2004. No of Sources: 100% Signature of the Tenderer with Seal

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ANNEXURE -II TO TENDER NO. Pur 0.73.0042/2882 Date:24.07.2010

INSTRUCTIONS TO TENDERERS 1.0 ESTABLISHMENT OF CREDENTIALS OF UN-LISTED VENDORS: If a

tenderer who responds to this tender is not presently enlisted with RINL / VSP, they are requested to furnish copies of the following documents separately in a sealed envelope superscribing “CREDENTIALS” and the ITT REFERENCE as the case maybe along with the tender:

a) Statutory Industry Registration Certificate. b) Excise & Sales Tax Registration Details . c) Audited financial statements for the last 3 years. d) Other credentials like ISO certificate etc. e) List of Purchase orders / contracts executed for PSUs for same or similar

items. Kindly note that the above information is required to assess the credibility of the vendor not presently enlisted with RINL / VSP. The tender of un-listed vendor shall be rejected in case of non-submission or incomplete submission of the above documents or RINL/VSP finds that the credibility of the un-listed Vendors is not satisfactory on the basis of the documents furnished. The Vendor shall produce originals of the above documents for verification, if RINL / VSP so desires. RINL / VSP’s decision in this regard is final.

2.0 GENERAL INFORMATION / DATA / DOCUMENTS TO BE FURNISHED

BY TENDERERS: 2.1 Tenderers who may be the Manufacturers or the Suppliers of Rails 52 Kg and

Rails 60 Kg shall furnish information / data / documents / printed and illustrated literature / brochures covering the following aspects:

a) Detailed information of the Manufacturer along the atleast copies of the

executed / on going orders (during the last 1 year) of Rails 52 Kg and Rails 60 Kg with different clients especially in India

b) Documents showing the exact nature of ownership. c) Production capacity of of Rails 52 Kg and Rails 60 Kg production during

the last 3 years. d) A recent Test and Inspection Certificate (dated not later than one year from

the date of tender) issued for the material by a reputed test house / Government approved test house in case the tenderer is a new Manufacturer / Supplier to RINL / VSP.

3 Offers from only Indigenous manufacturers will be accepted. Tenderers who

may be suppliers of Rails 52 Kg and Rails 60 Kg offering on behalf of a Principal Manufacturer, shall furnish in original the Letter of Authority of the

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concerned manufacturer, as per the proforma at Annexure - V of the Tender document, specifically authorising the said supplier to make an offer in response to this Invitation to Tender. This Letter of Authority should be submitted along with Part - A: Techno-commercial bid.

3.1 In case the Principal Manufacturer wants to supply from their Works located at

more than one place, the details of the Works should be indicated in the tender (Part-A). They should also give clear price breakup and quantities (in Part-B: Price bid) for supplying the material from different Works.

2.1 Only one offer should be received from each principal manufacturer either

directly or through their Agents. In case more than one offer is received from the same Principal Manufacturer, then all the offers of the same Principal Manufacturer will be rejected including the direct offer, if any.

2.2 The tenderers are requested to fill up the check list as at Annexure - IV of the

Tender document. 3.0 SUBMISSION OF OFFERS: 3.1 QUOTING OF PRICE(S): 3.1.1 The price quoted should be on FOR VSP Stores basis inclusive of applicable

taxes, duties, levies, Insurance and Freight. However, the rate of taxes, duties, levies, Insurance and freight considered are to be indicated separately. However, any change in statutory taxes and duties shall be reimbursed at actual during the original contractual delivery period. Any change in taxes and duties beyond the original contractual delivery period is to be borne by the Supplier. The tenderers may quote on variable price basis but, as per the Price Variation Clause of VSP which is placed at Annexure - VI .

Note: Kindly submit VSP’s Price Variation Format duly signed

as an acceptance to VSP’s Price variation clause 3.1.2 VALUE ADDED TAX (VAT): VAT in the State of Andhra Pradesh (A.P) of

India is introduced with effect from 01.04.2005. This replaces APGST Act from that date. Tenderers from the State of Andhra Pradesh should be registered under VAT and shall confirm submission of VAT invoice to enable RINL/VSP to avail the input tax credit. Also, the tenderers from A.P shall indicate the TIN (Tax Identification Number) under VAT. Evaluation of such offers will be done considering this credit that would be available to RINL/VSP.

3.1.3 However, in case tenderers quote any other term than mentioned in this tender, the same shall be loaded as per VSP norms while evaluating their offer.

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4.0 TERMS OF PAYMENT: 4.1 100% of the value of each consignment shall be made against submission of bills

along with accepted GARNs (Goods Acceptance / Rejection Note) issued by PURCHASER on 30th day from the date of acceptance of material at VSP Stores.

4.2 PURCHASER encourages Electronic Fund Transfer or RTGS (Real Time Gross Settlement) for payment direct to Seller’s Bank account on due date for which Seller has to furnish Bank account details in the format prescribed by PURCHASER. Cheque date will be considered for arriving at 30th day wherever payment is made by Cheque. Any other mode of payment term will be suitably loaded while evaluating the tender.

4.3 The price bid should only contain the price quoted and other financial terms should

be given in the techno-commercial bid and not in any other accompanying documents or statement. No extra weightage shall be given for any extra credit offered beyond ITT payment terms of 30 days interest free credit from the date of acceptance of material for ranking / evaluation purpose

4.4 In case an offer with deviations to payment terms is considered, it shall be

oaded suitably for the purpose of comparison with other offers. The general rincipal is to load for the additional financial implication to which RINL / VSP may possibly be exposed on account of such deviation. The decision of RINL / VSP in this regard shall be final. Since the deviations that might be stipulated by the tenderer cannot be foreseen, the illustration given below are not exhaustive. RINL / VSP reserves the right to load the offers at it’s sole discretion for other deviations also, which in the opinion of RINL / VSP, have financial implications to RINL / VSP.

4.5.1 Illustration – I: (Deviation in payment terms) Description As per Tender terms As per deviation Payment terms 100% value against

submission of bills within 30 days of acceptance of material at VSP.

100% against L/C with 30 days interest and acceptance at VSP (All bank charges to Seller’s a/c)

Landed cost on F O R VSP Stores basis

Landed cost: Rs.10,000/-

Loading due to deviation in payment terms

5% of 10% of landed value per quarter

0.05*0.10*10,000/4 = Rs.12.50Ps.

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4.5.2 Illustration-I: (Deviation in payment t erms) Description As per Tender terms As per deviation Payment terms 100% value against

submission of bills within 30 days of acceptance of material at VSP

100% against L/C at Site (All bank charges to VSP’s a/c)

Landed cost on FOR VSP Stores basis

Landed cost : Rs.10,000/-

Loading due to deviation in payment terms

(i)L/C margin money @ 5% of 10% of landed / CIF value per quarter (ii) 15% interest for 30 days on landed (Indigenous) / CIF value (Imports) (iii) L/c charges on landed / CIF value

0.05*0.10*10,000/4 = Rs.12.50Ps. 0.15*30*10,000/365 = Rs.123.29Ps. 0.0375*10,000 = Rs.3.75Ps.

5.0 VALIDITY OF THE OFFER:

Each tenderer shall keep his offer firm and valid for acceptance by RINL for a period of 90 ( Ninety) days from the date of opening of tenders.

6.0 PERFORMANCE GUARANTEE BOND: 6.1 The successful tenderer should submit Performance Guarantee so as to be

received in the office of Asst. General Manager (MM-Purchase), RINL/VSP before the date of commencement of supplies or 30 (Thirty) days from the date of LOI / Acceptance to Tender, whichever is earlier. The Performance Guarantee Bond is to be furnished in the form of Bank Guarantee as per proforma at Annexure -VIII of the tender document, for an amount covering 5% (Five percent) of the value of the quantity of material on landed cost basis covered by the aforesaid Acceptance to Tender. No change in the prescribed proforma of the Bank Guarantee for Performance Guarantee bond is acceptable.

Note : Manufacturers of the tendered items (not dealers / traders) registered

with RINL / VSP are exempted from submission of Performance Bank Guarantee bond

6.2 The Performance Guarantee Bond should be established in favour of RINL

through any Nationalized Bank situated at Visakhapatnam or outstation with a clause to enforce the same on their local branch at Visakhapatnam. If the bond is issued by any scheduled bank (other than Indian nationalized bank), bond

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is to be issued by the branch located in Visakhapatnam only. Bonds from Co-operative banks are not accepted.

6.3 This Performance Guarantee Bond shall be for the due and faithful performance

of the contract and shall remain binding, notwithstanding such variations, alterations or extensions of time as may be made, given, conceded or agreed to between the successful tenderer and the Purchaser under the terms & conditions of Acceptance to Tender.

6.4 The successful tenderer is entirely responsible for the due performance of the

Contract in all respects according to the spirit, intent and meaning of the terms and conditions and specifications and all other documents referred to in the Acceptance to Tender.

6.5 The Performance Guarantee Bond shall be kept valid and in full force and effect

during the period of the contract and shall continue to be enforceable for a period of 18 months from the date of dispatch of the material

6.6 Performance Guarantee Bond shall be released after 18 months from the

date of dispatch of the material or 12 months after receipt of the material , subject to clearance from actual user , whichever is earlier, under the Acceptance to Tender.

7.0 STATEMENT OF DEVIATIONS: 7.1 If any tenderer is unable to accept any particular term(s) as incorporated in the

Tender document, or proposes any deviation therefrom, the Tenderer shall enclose along with his offer, a statement of deviations clearly spelling out the deletions / deviations proposed, which may, however, have an impact on the evaluation of his offer or rejection by RINL. Each tenderer shall give an undertaking along with his offer confirming his acceptance to all the terms and conditions of the Tender document, except for the deletions / deviations specifically proposed by them in their offer.

7.2 Offers with any deviations to the following terms and conditions contained in

the tender document are not acceptable to VSP and such offers are liable for rejection:

(a) Material cum specification sheets duly signed and stamped (b) Price basis : Firm / Variable (c) Liquidated damages, (d) Risk Purchase (e) Submission of EMD / bid bond (f) Consent for submission of Performance Guarantee Bond (g) Inspection (h) Arbitration and Jurisdiction and (i) Default (j) Offer received in single bid shall be rejected (k) offers received by cable, e-mail, telex, fax or Telegrams (l) late / delayed offers (m) Letter of authority from established manufacturer (n) Integrity Pact.

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8.0 OTHER GENERAL POINTS RELATING TO THE PREPARATION / SUBMISSION / DESPATCH OF THE OFFER:

8.1 The detailed offer together with its enclosures should be submitted in two parts: Part-A - Techno-Commercial Bid Part-B - Price Bid. in two separate sealed envelopes. Part-A should contain all details on technical

specifications, other information/ data/ documents/ confirmations/ deviations, if any. A price format as in the Part-B after blanking the prices is also to be placed in the Part-A. However, no indication of price in any form, shall be given in Part-A. Confirmation with regard to information/ data/ documents to be furnished by tenderers as per Para 1.0 above are also to be enclosed in Part-A.

Part-B: Price Bid should be submitted separately in the prescribed proforma as at Annexure-III to the Tender Documents.

8.2 Each page of the offer should be numbered consecutively, referring to the

total number of pages comprising the entire offer, at the top right-hand corner of each page

8.3 Each page of the offer should be signed by the authorised officer(s) of the

Tenderer. The Part-A & Part-B of the offer together with its enclosures in separate sealed envelopes, should be placed in an envelope which should bear, in Block

capital letters, superscription "Tender for supply of Rails 52 Kg and Rails 60 Kg against Tender No. Pur. 0.73.0042/2882 Date:24.07.2010 and should also bear superscription:

Part-A: Techno-Commercial Bid, or Part-B: Price Bid.

The two envelopes should then be sealed separately. The name and address of the tenderer should be mentioned on each of this envelope.

8.4 The envelopes referred to in para 10.3 above should be placed in another envelope which should be addressed to the Executive Director (MM), AdministrationBuilding, Block-A, Purchase Dept, Visakhapatnam Steel Plant, Visakhapatnam 530 031, Andhra Pradesh, India and should bear in Block Capital Letters the superscription "OFFER IN RESPONSE TO TENDER NO. Pur 0.73.0042/2882 Date:24.07.2010 due on 25.08-2010 This envelope should also be sealed. The name and address of the Tenderer should be mentioned on this envelope as well.

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8.5 Tenders will be accepted upto 10.30 Hrs (IST) on 25.08.2010. The Techno-Commercial bid of the tenders shall be opened immediately thereafter in the presence of the tenderers or authorised representative of the tenderers, who may choose to be present. The date and time of opening of price bid shall be intimated separately to technically and commercially accepted tenderers. Price Bids (Part-B) of those Tenderers who have been Techno-Commercially accepted shall only be opened in the presence of the tenderers or Authorised representatives of the Tenderers who may choose to be present.

8.6 Offers made in Single bid shall be rejected. 8.6.1 In case any tenderer is silent on any clauses mentioned in this tender

document, VSP shall construe that the tenderer had accepted the clauses as per this Invitation to Tender.

8.6.2 The price quotations should be given in the Part - B : Price bid and not in

any other accompanying documents or statement. No revision in the price (s), terms and conditions quoted in the offer will be entertained after the last date and time fixed for receipt of tenders.

8.6.3 Offers received by VSP by cable, e-mail, telex, fax or telegrams and tenders

received late / delayed will not be considered under any circumstances. 9.0 COMPLETENESS OF THE TENDER: Each Tenderer should ensure that the aforesaid conditions for submission of

offers are duly complied with. Failure to furnish correct and detailed information as called for will render the concerned tender liable for rejection.

10.0 PUNITIVE ACTIONS TO BE TAKEN AGAINST AGENCIES WHO

SUBMIT FALSE/FORGED DOCUMENTS TO VSP:

If it comes to the notice of VSP at any stage from request for enlistment/ tender document that any of the certificates / documents submitted by applicants for enlistment or by bidders are found to be false/ fake/ doctored, the party will be debarred from participation in all VSP tenders for a period of 5 years including termination of contract, if awarded. EMD/ Security Deposit etc. if any, will be forfeited. The contracting Agency in such cases shall make good to VSP any loss or damage resulting from such termination. Contracts in operation anywhere in VSP will also be terminated with attendant fall outs like forfeiture of EMD/ Security Deposit, if any, and recovery of risk and cost charges etc. Decision of VSP Management will be final and binding.

**********

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ANNEXURE-III TO TENDER NO. Pur 0.73.0042/2882 Date:24.07.2010

PROFORMA FOR PRICE BID

��������������� �������� ����������������� � � ��

S.No Item Description Qty. (M T)

Basic Unit Price (Rs.)

E.D (Rs.)

Sales Tax / VAT (Rs.)

Freight (Rs.)

Insurance (Rs.)

Landed cost (Rs.)

1 Cat. No.60/59177540109 Rails 52 kg Industrial use

143.0

2 Cat.No. 60/59177620106 Rails 60 kg

150.0

���������������� � ��

�(* - Also to be indicated in “Part-A : TECHNO COMMERCIAL BID” by blocking the price part) Note: (i) Specify APVAT and TIN No. if supplies are from Andhra Pradesh, India

(ii) Tenderers shall submit our Material cum specification sheets duly filled , signed and stamped along with the offer without which the offer is liable for rejection.

(iii) All the tenderers shall quote their prices strictly as per the above Format only. (iv) The offers shall be evaluated as per the prices offered by the Tenderers in the above Format (v) In case the freight charges offered by the L-1 Tenderer are higher

than the VSP’s All India Transport rates then, the order shall be released on Freight : to-pay basis

The present VSP’s All India Transport rates are:

Rs. 2.80 per MT per KM + Collection charges for each consignment

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Collection charges for each consignment shall be: Rs. 307.05 Upto 250 Kgs. And Rs. 1,125.85 Beyond 250 Kgs. ��

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19

ANNEXURE-IV TO TENDER NO. Pur 0.73.0042/2882 Date:24.07.2010

SEE PARA 2.2 OF INSTRUCTIONS TO TENDERERS

CHECK LIST TO BE FILLED UP AND SENT ALONG WITH TECHNO -COMMERCIAL BID – PART-A OF YOUR OFFER

SL. NO.

TENDER TERMS

AS REQUIRED BY VSP

TO BE CONFIRMED BY

PARTY ACCEPTED / NOT

ACCEPTED

DEVIATION

S, IF ANY

1 Name and address of the Tenderer 2 Quantity offered To be confirmed as per Para 1.2 of ITT 3 Technical specifications To be confirmed as per Annex-I of tender

document

4 Delivery schedule To be confirmed as per Para 1.3 of ITT 5 Payment terms To be confirmed as per Cl.4.0 of Annx-II of ITT 6 EMD To be confirmed as per Cl. 1.5.0 of ITT 7 Price Basis To be confirmed as per Cl.3.0 of Annx-II of ITT 8 Price firmness / Variable To be confirmed as per Cl. 3.1.1 of Annx-II of ITT

& Cl.2 of Annx-VII

9 Insurance To Tenderer's a/c 10 Packing To be confirmed as per Cl.3.0 of Annx-VII of ITT 11 Validity of offer To be confirmed as per Cl. 5.0 of Annx-II of ITT 12 Inspection To be confirmed as per Cl.1.0 of Annx-VII of ITT 13 Test cum Guarantee certificate To be confirmed as per Cl. 4.0 of Annx-VII of ITT 14 Liquidated damages To be confirmed as per Cl. 5.0 of Annx-VII of ITT 15 Default To be confirmed as per Cl. 6.0 of Annx-VII of ITT 16 Risk Purchase To be confirmed as per Cl. 7.0 of Annx-VII of ITT 17 Arbitration & Jurisdiction To be confirmed as per Cl.15.0 of Annx-VII of ITT 18 Force Majeure To be confirmed as per Cl.14.0 of Annx-VII of ITT 19 Performance Guarantee Bond To be confirmed as per Cl. 6.0 of Annx-II of ITT 20 Other terms and condition of ITT /

GCC To confirm acceptance. (Refer Cl.17 of Annx-VII

21 Integrity Pact To submit duly signed & stamped along with Witnesses along with Techno-Commercial offer

.…………………………….. Signature and Name of the Tenderer with Seal

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ANNEXURE-V TO TENDER No. Pur 0.73.0042/2882 Date:24.07.2010

LETTER OF AUTHORITY FROM ESTABLISHED MANUFACTURER

OF RAILS 52Kg AND RAILS 60Kg (See 2.2 of Annexure -II of the Tender Documents) To THE EXECUTIVE DIRECTOR (MM), BLOCK 'A' PURCHASE DEPARTMENT, ADMINISTRATIVE BUILDING, RASHTRIYA ISPAT NIGAM LTD., VISAKHAPATNAM STEEL PLANT, VISAKHAPATNAM 530 031 (A.P). Dear Sir, Sub: Your Tender Notice No.Pur 0.73.0042/2882 Date:24.07.2010 --- We, ................................ a principal manufacturer of Rails 52Kg & 60Kg of (place)................do hereby authorise M/s.........................(Name and address of Seller) to make an offer in response to this invitation to tender.

We, ................................ a principal manufacturer of Rails 52 Kg & 60 Kg do hereby convey our consent to supply of Rails 52 Kg & Rails 60 Kg to the tendered specification through M/s.........................(Name and address of Supplier) as per the terms and conditions of the tender. No Company/Firm or individual other than M/s..............is authorised to represent us in regard to this business against this specific tender. In the event, the offer made by M/s....................being considered by RINL for acceptance both M/s ..................and ourselves shall be jointly and severally responsible for the due and timely performance of the Acceptance to Tender. We hereby extend our full guarantee and warranty for the goods offered for supply against this Invitation to Tender by the above firm. Yours faithfully (NAME) for & on behalf of M/s....................... (Signature and Name of Rails 52Kg & Rails 60 Kg Manufacturer with seal) Note: This letter of authority should be on the Letter-Head Rails 52Kg & Rails 60 Kg of the Manufacturer and should be signed by a person competent and having the power of attorney to bind the Rails 52Kg & Rails 60 Kg Manufacturer.

21

ANNEXURE-VI TO TENDER NO. Pur 0.73.0042/2882,Date:24-07-2010

PRICE VARIATION CLAUSE FORMAT

Ref. No: Dt. M/s. Sub : Price Variation Clause

Ref : Our ITT No. 0.73.0042/2882, Dt.24-7-2010 Dear Sirs, With reference to the above mentioned ITT, Rashtriya Ispat Nigam Limited, Visakhapatnam Steel Plant, is pleased to inform you that price variation with respect to fluctuations in steel price is allowed so as to compensate for variations, if any, in the order prices.

The formula for refixing of price payable on account of price variation is as given below:-

Amount payable on account of price variation = 0.65 X V X (P2-P1)

P1

P2 = Basic price of 125 X 125 mm Billets of IS 2830 quality in Rs./MT ex-plant Visakhapatnam

as declared by RINL and as prevailing on the date one month prior to, schedule date of dispatch/ actual date of dispatch, whichever is earlier.

P1 = Basic price of 125 X 125 mm Billets of IS 2830 quality in Rs./MT ex-plant Visakhapatnam as declared by RINL and as prevailing on the original date of tender opening.

V = Order value of supplies made on the date of dispatch. It may please be noted that payment as per the Price Variation Formula shall be applicable under the following conditions only:-

a. The delivery period mentioned in the Purchase order is more than two months from the original

tender opening date;

b. The price variation in RINL billet prices is beyond 5% of the price as prevailing on the original

tender opening date and one month prior to the schedule date of dispatch; and

c. The date of dispatch is within the contractual delivery date. However if the supplies are made

beyond the contractual delivery period, the variation that has taken place during the contractual

delivery period shall only be considered.

Thanking you, Yours faithfully, For Visakhapatnam Steel Plant (G L N RAO)

Manager (MM)

22

ANNEXURE-VII TO TENDER NO. Pur 0.73.0042/2882 Date:24.07.2010

SPECIAL TERMS & CONDITIONS OF ACCEPTANCE TO TENDER 1.0 INSPECTION Inspection of the offered Material at Supplier’s Premises shall be carried out

prior to despatch by the designated agency as specified in the Acceptance to Tender by the Purchaser against the readiness of the Material. The supplier shall submit Test certificates / Internal Inspection Reports along with the Inspection call. The material shall be despatched only on acceptance by such designated agency. Accepted Inspection certificate shall form a part of the documents for negotiating the payment.

2.0 PRICE FIRMNESS / VARIATION: Prices shall be kept either `Firm’ till

the execution of the order (or) variable as per the Price Variation Clause of VSP . The tenderers shall clearly indicate the above in their techno-Commercial bid.

3.0 PACKING & MARKING: 3.1 The material should be securely packed ACCORDING TO ACCEPTED

industry practice and International Standard as applicable to the product being supplied.

3.2 The Supplier shall include and provide for securely protecting and sea worthy

packing the material in accordance with best established practices so as to protect the contents from damage during transit from point of production until after arrival at Purchaser's site under conditions which may involve multiple handling, transport by ship, rail and road, storage, exposure, to heat moisture rain etc. Wherever considered necessary, the Purchaser or his representative may check the packing before despatch and may ask for modifications to the extent considered necessary to be carried out in the packing and the Supplier shall carry out the same free of charge. All packing shall allow for removal and checking at site.

4.0 TEST CUM GUARANTEE CERTIFICATE: 4.1 The Seller should submit Manufacturer's Test cum Guarantee certificate along

with every consignment, clearly indicating the relevant Parameters and batch no. and other identification marks, if any and give guarantee for replacement in case of any deviations / manufacturing defects.

4.2 Replacement of defective materials shall be made free of cost (including

duties in India to Seller's account) at Purchaser's site by the Supplier and the

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collection of the defective material to the Supplier's works shall be the Supplier's responsibility and shall be made at his expenses.

5.0 LIQUIDATED DAMAGES: Delivery is the essence of the Contract and hence should any consignment be

delayed, liquidated damages @ 0.5% of the price of the delayed consignment, for each week or part thereof shall be levied and recovered subject to a maximum of 10% of the total order value.

6.0 DEFAULT: Should the SELLER fail to provide the MATERIAL for delivery by the time

or times agreed upon or should the SELLER in any manner or otherwise fail to perform the Acceptance to Tender or should a receiver be appointed on its assets or make or enter into any arrangements or composition with Creditors or suspend payments (or being a company should enter into liquidation either compulsory or voluntary), the PURCHASER shall have power to declare the Acceptance to Tender as at an end at the risk and cost of the SELLER in every way. In such a case, the SELLER shall be liable for any expenses, damages or losses which the PURCHASER may incur, sustain or be put to by reason of or in connection with SELLER's default. This Clause is however subject to Force Majeure vide 24.0 herein below.

7.0 RISK PURCHASE: The PURCHASER reserves the right to take Risk Purchase action at the cost and

risk of the SELLER, in case he fails to deliver the materials in the specified schedule and the differential cost shall be recovered. The cancellation of the Acceptance to Tender as stated in para 14 herein above may be either for whole or part of the Acceptance to Tender at PURCHASER's option. In the event of the PURCHASER terminating the Acceptance to Tender in whole or in part, he may procure, on such terms and in such manner as he deems appropriate, supplies similar to those so terminated and the SELLER shall be liable to the PURCHASER for any excess costs for such similar supplies. However, in case of part termination of Acceptance to Tender by the PURCHASER, the SELLER shall continue the performance of the Acceptance to Tender to the extent it is not terminated under the provisions of this Clause.

8.0 RECOVERY OF SUMS DUE: Whenever under this Acceptance to Tender any sum of money is recoverable

from and payable by the SELLER, the PURCHASER shall be entitled to deduct such sum from any amount then found payable to the SELLER by the PURCHASER or which at any time thereafter may be found to be payable to the SELLER by the PURCHASER under this or any other Acceptance to Tender

24

with the PURCHASER. Should this sum be not sufficient to cover the full amount recoverable, the SELLER shall pay to the PURCHASER on demand the remaining balance amount. This action shall be without prejudice to the right of the PURCHASER to take legal action against the SELLER for the breach of the Contract.

9.0 RESPONSIBILITY: The PURCHASER on the one hand and the SELLER on the other hand shall

be responsible for the performance of all their respective obligations under this Acceptance to Tender.

10.0 TRANSFER AND SUB-LETTING: The SELLER shall not sublet, transfer, assign or otherwise part with the

Acceptance to Tender or any part thereof, either directly or indirectly, without the prior written permission of the PURCHASER.

11.0 TAXES AND DUTIES: The SELLER shall be entirely responsible for all taxes, stamp duties, Licence

fees and other such levies imposed outside the PURCHASER'S country. 12.0 COMPLETENESS OF THE AGREEMENT AND MODIFICATION: This Acceptance to Tender cancels all previous negotiations between the parties

hereto. There are no understandings or agreement between the PURCHASER and the SELLER which are not fully expressed herein and no statement or agreement, oral or written, made prior to or at the signing hereof shall affect or modify the terms hereof or otherwise be binding on the parties hereto. No change in respect of the terms covered by this Acceptance to Tender shall be valid unless the same is agreed to in writing by the parties hereto specifically stating the same as an amendment to this Acceptance to Tender.

13.0 WAIVER: Failure to enforce any condition herein contained shall not operate as a waiver

of the condition itself or any subsequent breach thereof. 14.0 FORCE MAJEURE: If at any time during the continuance of this Contract, the performance in whole

or in part by either party of any obligation under this contract shall be prevented or delayed by reasons of war, hostility, acts of public enemy, civil commotion, sabotage, fire, floods, explosions, epidemics, quarantine restriction, or acts of God (herein after referred to as "eventualities") and provided notice of happenings of

25

any such eventuality (duly certified by International Chamber of Commerce in case of foreign parties) is given by either party to other within 21 days from the date of occurrence thereof, neither party shall by reasons of such eventuality be entitled to terminate this Contract nor shall either party have any claim for damages against the other in respect of such non-performance or delay in performance. Deliveries under this Contract shall be resumed as soon as practicable after such eventuality has come to an end or ceased to exist and the decision of the Purchaser as to whether the deliveries have so resumed or not shall be final and conclusive. Provided further that if the performance in whole or in part of any obligations under this Contract is prevented or delayed by reasons of any such event for a period exceeding 60 days either party may at its option terminate the Contract. Provided also that the Contract, if terminated under this clause, the Purchaser shall be at liberty to take over from the Contractor at a price to be fixed by the Purchaser which shall be final, all unused, undamaged and acceptable material, bought out components and stores in course of manufacture in the possession of the Seller at the time of such termination or such portion thereof as Purchaser may deem fit except such material, bought out components and stores as the Seller may with the concurrence of the Purchaser, elect to retain.

15.0 ARBITRATION AND JURISDICTION: 15.1 All disputes arising out of or in connection with the Acceptance to Tender

shall be finally settled by Arbitration in accordance with the rules of Arbitration of the Indian Council of Arbitration and the Award made in pursuance thereof shall be binding on the parties. The Arbitration bench shall give a reasoned award. Cost of arbitration to be borne by the losing party. The venue of arbitration shall be Visakhapatnam, India and language of arbitration shall be in English.

15.2 In case of any legal proceedings are instituted against Rashtriya Ispat Nigam

Limited, Visakhapatnam Steel Plant, they shall be instituted in the appropriate Civil courts of Visakhapatnam and the Courts at Visakhapatnam only shall have Jurisdiction.

16.0 LIABILITY OF GOVT. OF INDIA: It is expressly understood and agreed by and between the SELLER and the

PURCHASER that the PURCHASER is entering into this Acceptance to Tender solely on its own behalf and not on behalf of any other person or entity. In particular, it is expressly understood and agreed that the Govt. of India is not a party to this Acceptance to Tender and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that the PURCHASER is an independent legal entity with power and authority to enter into contracts solely in its own behalf under the applicable laws of India and general principles of Contract Law. The SELLER expressly agrees, acknowledges and understands that the PURCHASER is not an agent, representative or delegate of the Govt.

26

of India. It is further understood and agreed that the Govt. of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of this Acceptance to Tender. Accordingly, the SELLER hereby, expressly waives, releases and foregoes any and all actions or claims, including cross claims, impleader claims or counter claims against the Govt. of India arising out of this Acceptance to Tender and covenants not to sue the Govt. of India as to any manner, claim, cause of action or thing whatsoever arising of or under this Acceptance to Tender.

17.0 All other terms and conditions shall be as per VSP's G.C.C for supply of Material (Annexure – X) which is placed on our website : www.vizagsteel.com ( Visit www.vizagsteel.com , click on “Tenders” , click on “Materials Management Department” and click on “General Conditions of the Contract”) ***

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ANNEXURE-VIII TO TENDER No. Pur0.73.0042/2882 Date:24.07.2010

PROFORMA OF BANK GUARANTEE FOR PERFORMANCE GUARANTEE

BOND (To be submitted on Non-judicial stamp paper of value of Indian Rupees one Hundred

drawn on the name of the issuing Bank)

TO BE ESTABLISHED THROUGH ANY OF THE NATIONALISED BANKS (WHETHER SITUATED AT VISAKHAPATNAM OR OUTSATTION) WITH A

CLAUSE TO ENFORCE THE SAME ON THEIR LOCAL BRANCH AT VISAKHAPATNAM OR ANY SCHEDULED BANK (OTHER THAN

NATIONALISED BANK) SITUATED AT VISAKHAPATNAM. BONDS ISSUED BY CO-OPERATIVE BANKS ARE NOT ACCEPTED.

To Rashtriya Ispat Nigam Limited, Visakhapatnam Steel Plant, Administrative Building, Visakhapatnam-530031 Bank Guarantee No Dt

LETTER OF GUARANTEE

WHEREAS M/s____________________________________________hereinafter referred to as the SELLER) and M/s RASHTRIYA ISPAT NIGAM LIMITED (hereinafter referred to as the PURCHASER) have entered into an AGREEMENT vide ACCEPTANCE TO TENDER No._______________ Dated___________(hereinafter called the said A/T) for the supply of____________ Rails 52 Kg & Rails 60 Kg (hereinafter referred to as the MATERIALS) on the terms and conditions mentioned therein. 2. We, ……………..... (name of bank & branch) at the request of the SELLER, do hereby undertake and indemnify and keep indemnified the PURCHASER to the extent of Rs. _________________(Rupees________________________________) against any loss or damage that may be caused to or suffered by the PURCHASER, by reason of any breach by the SELLER of any of the terms and conditions of the said A/T and/or in the performance of the said A/T by the SELLER. We agree that the decision of the PURCHASER as to whether any breach of any of the terms and conditions of the said A/T or in the performance thereof has been committed by the SELLER and the amount of loss or damage that has been caused to or suffered by the PURCHASER shall be final and binding on us and the amount of the said loss or damage shall be paid by us forthwith to the PURCHASER on demand and without protest or demur.

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3. We, .……………. (name of bank & branch) hereby further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for satisfactory performance and fulfillment in all respects of the said AGREEMENT and that it shall continue to be enforceable for (a) 120 days after the date of Bill of Lading of the last consignment of the MATERIALS under the said AGREEMENT or (b) in the event of any dispute(s) between the PURCHASER and the SELLER, until such period(s) the dispute is settled fully, whichever date is the latest and that if any claim accrues or arises against us, …………………….(name of bank & branch) by virtue of this guarantee before the dates referred to at (a) and (b) herein above, the same shall be enforceable against us, .………….. (name of bank & branch), not withstanding the fact that the same is enforced after the dates referred to at (a) or (b) herein above, whichever date is the latest, provided that notice of any such claim has been given by the PURCHASER before the dates referred to at (a) or (b) herein above, as the case may be. Payments under this LETTER OF GUARANTEE shall be made promptly upon our receiving the notice to that effect from the PURCHASER on demand and without protest or demur. 4. We, .…………… (name of bank & branch) undertake not to revoke this Guarantee during its currency without the prior written consent of the PURCHASER. 5. We, .…………….. (name of bank & branch) hereby further agree that the PURCHASER shall have the fullest liberty, without affecting in any manner our obligations here under, to vary any of the terms and conditions of the said A/T or to extend the time of performance of the said A/T by the SELLER from time to time or to postpone for any time or from time to time any of the powers exercisable by the PURCHASER against the SELLER and to forbear or to enforce any of the terms and conditions relating to the said A/T and We, ... (name of bank & branch) shall not be released from our liability under this Guarantee by reason of any such variation or extension being granted to the SELLER or any forbearance and/ or omission on the part of the PURCHASER or any indulgence by the PURCHASER or by any other matter or thing whatsoever which under the law relating to sureties would, but for this provision, have the effect of so releasing us from our liability under this Guarantee. 6. We, .……………….. (name of bank & branch) hereby further agree that the Guarantee herein contained is initially valid upto ________________________and that the same shall be extended further according to the provisions contained herein above. 7. We, ...……………… (name of bank & branch) hereby further agree that the Guarantee herein contained shall not be affected by any change in the constitution of the SELLER and/ or the PURCHASER.

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8. We, ………………(name of bank & branch) hereby further agrees that the claims if any, against this Bank Guarantee shall be enforceable at our Branch office at Visakhapatnam situated at ……………………………………….. (Address of local branch at Visakhapatnam). Note: The expression "SELLER" wherever appearing in this Performance Guarantee Bond shall also include the "PRODUCER". FOR AND ON BEHALF OF (name of bank & branch) Signature: Name: DULY CONSTITUTED ATTORNEY & AUTHORISED SIGNATORY Designation (name of bank & branch)